Expert Evidence

The team at Pattison Hardman have the expertise to work with you to provide affidavit evidence and reports for:

Security for costs applications

The reasonableness of costs incurred or claimed

Independent assessment of costs orders.

Our costs consultants provide advice and reports as to the likely fair and reasonable costs and disbursements recoverable on an ordinary party/party basis, higher indemnity costs order, or on a solicitor/own client basis.

The costs consultants at Pattison Hardman have provided expert evidence in many leading cases and we apply this expertise to the preparation of gross lump sum costs applications and independent assessments. This greatly assists in reducing the risks of losing the ability to recover costs on expensive litigation and ensure best practices are adopted.

Pattison Hardman can assist you with the provision of affidavit evidence and reports in relation to applications for security for costs and in relation to the reasonableness of costs incurred or claimed.

An application for security for costs can have serious ramifications on the progress of a court matter and Pattison Hardman have a demonstrated history in preparation of evidence on such applications.

The approach we take to calculating security for costs is set out in the landmark case where Jagot J relied on our evidence to award security for costs in Western Export Services Inc v Jireh International Pty Limited [2008] NSWSC 601.

Read our approach in this judgment here or our article published in the Law Society Journal of New South Wales here.

The purpose of an application for a gross lump sum costs order is to avoid the expense and delay of a traditional assessment or taxation of costs. By their very nature they do not require itemised Bills or Objections and therefore are suitable where large costs claims (usually involving in excess of $1 million and more often tens of millions in costs) mean a traditional assessment could take years and/or be cost prohibitive. Other reasons might also necessitate a quick and speedy gross lump sum costs application. Such applications adopt a broad-brush approach but sufficient detail is needed to allow the court to make a confident and logical assessment. These applications should be prepared by a costs consultant as an expert witness. As expert witnesses our costs consultants are experienced in gross lump applications of vastly different sizes and complexity.

Pattison Hardman has carved a niche while acting as independent costs consultants in matters not suitable for lump sum costs orders. This occurs where the parties mutually agree, as part of settlement, to brief us so that we are able to assess the costs and provide assessments on which both parties can rely. This mediation approach often resolves the cost dispute and does away with the need for having costs formally assessed.